The Insolvency (England and Wales) Rules 2016

Contents of bankruptcy order E+W

10.31.—(1) The bankruptcy order must identify the proceedings and contain—

(a) the name and address of the petitioner;

(b) the date of the presentation of the petition;

(c) the details of the debtor as provided under rule 10.8(1)(a) to (g);

(d) the order that the person named is made bankrupt;

(e) the order either—

[F1 (i) that the court, being satisfied that the EU Regulation as it has effect in the law of the United Kingdom applies, declares that the proceedings are COMI proceedings or establishment proceedings, or]

(ii) that the court is satisfied that the [F2 EU Regulation] does not apply in relation to the proceedings;

(f) a statement that the official receiver (or one of them) attached to the court is by virtue of the order trustee of the bankrupt's estate;

(g) a notice of the bankrupt's duties in relation to the official receiver under section 291 M1 , and in particular to the bankrupt's duty to give the official receiver such inventory of the bankrupt's estate and such other information, and to attend on the official receiver at such times, as the official receiver may reasonably require; and

(h) the date and time of the order.

(2) If the petitioner is represented by a solicitor the order is to be endorsed with the name, address, telephone number and reference of the solicitor.

(3) Subject to section 346 M2 (effect of bankruptcy on enforcement procedures), the order may include provision staying any action or proceeding against the bankrupt.

Textual Amendments

F1 Rule 10.31(1)(e)(i) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 92 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in rule 10.31(1)(e)(i)(ii) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 23(8)

Marginal Citations

M1 Section 291 subsections (1) to (3) are omitted by paragraph 4 of Schedule 10 to the Small Business, Enterprise and Employment Act 2015 (c.26).

M2 Section 346(1) to (4) is amended by paragraph 39 of Schedule 19 of the Enterprise and Regulatory Reform Act 2013 (c.24).